MATTERS NOT DENIED IN THE PLEADINGS ARE DEEMED ADMITTED

FOUR REASONS WHY AMENDMENT OF PLEADINGS MAY ARISE

Amendments arise because of a number of reasons. I can identify four main reasons here. First, at the time of filing the pleadings, the factual situation sought to be amended was not available or if available was not within the reasonable anticipation of the party and his counsel, employing all diligence and intellectual resources at their command. Second, although the factual situation sought to be amended existed at the time the pleadings were filed, human idiosyncrasies, human lapses and human frailties resulted in its non-inclusion. This could either be the fault of the party or counsel or both. . Third, when there is a Reply to either the Statement of Claim or the Statement of Defence. Four, when the court suo motu raises a factual situation. Since this last reason is not consistent with our adversary system, a trial Judge should only resort to it when it is absolutely necessary so to do and in the overall interest of the parties. He cannot do so willy nilly and by his whims.

— Tobi, JCA. Abraham v Olorunfunmi (1990) – CA/L/83/89

GENERAL TRAVERSE WILL BE THE APPOSITE WHERE PETITIONER/CLAIMANT PLEADINGS WHERE GENERAL IN NATURE ITSELF

per Ogunwumiju, JCA (as he then was, now JSC), held in UDEAGHA & ANOR v OMEGARA & ORS (2010) LPELR-3856(CA), as follows: “The argument of Appellants’ counsel that the Respondents did not adequately traverse the petition is unfounded. The petition itself contained general complaints. There was no effort to pinpoint in the pleadings the various places where corrupt practices, non voting, use of violence, thuggery, rigging in polling units, massive thumb-print of ballot papers, fictitious entry of election results took place. Therefore, there was a general corresponding reply denying the allegations in general terms from the Respondents. If the Petitioners did not plead particulars, how could the respondents traverse non-existent particulars? The averments in the Appellants’ pleadings should have contained details of the allegations and complaints to which the Respondents could reply in detail in their own pleadings. The Appellants expected the Respondents to reply to the various specific allegations contained in the witness statements filed along with the petition. That is not the correct procedure. Those specific allegations should have been in the pleadings. The pleadings must show the facts disputed while the witnesses would give evidence of these facts. In election petitions, it has been held that there is need for particulars where required in order to prevent taking adverse party by surprise. See Buhari v Obasanjo (2005) 7 SCNJ 1. It is not the function of particulars to take the place of necessary averments in pleadings. See Nwobodo v Onoh (1984) 1 SC 201…”

PLEADINGS TELL WHAT A PARTY IS SEEKING

There is also no doubt that in order to determine what the cause or reason for which the party seeking relief has come to the Court, regard must be had to that party’s pleadings, particularly the statement of claim. It is from there that the Court will be properly guided as to what set of facts the party is presenting as grounding his claim, the applicable principles of law and the legal remedy the party is seeking.

– Tukur JCA. Odulate v. FBN (2019)

NATURE OF PROOF OF PLEADINGS

It must be appreciated that there cannot be a better notice of a case a party intends to make than his pleading. It is a mere notice and can never be substituted for the evidence required in proof of the facts pleaded, subject however to an admission made by the other party. Unless through skilful cross-examination discrediting the case of the other party, he is still bound to lead evidence in support of his own pleading. Where evidence is adduced to buttress a pleading, then it is good news for the pleader, as it strengthens his case. However, evidence adduced in support of facts not pleaded goes to no issue and should therefore be disregarded ORIZU V. ONYAEGBUNAM 1978.5 S.C. 21 at 820. In ACB V. GWAGWALADA 1994. 5 NWLR Part 342 page 25 at 27 it was held that before considering admissibility of any evidence or document in support of a party’s case it must be shown that the evidence sought to be led is relevant. Even if the evidence is admissible and it is not relevant, the admission of such evidence does not advance the case of the party.

— A. Jauro, JCA. Chevron v. Aderibigbe (2011) – CA/L/76/04